Illegal vs. non-conforming unit: differences in uses & Airbnb?
This is a few related questions in one:
First, I want to check if my understanding on the differences here is correct?
Illegal unit = you can't rent this unit. I mean, you *can* rent it, but if the City is ever alerted to it you could get in trouble and have to deconvert the unit
Non-conforming unit = you CAN rent this unit. It was there before certain ordinances were in place, so it's "legal" in a sense. However, your building's zoning certificate will not include this unit. You're good to go *as long as* you never try to make a change to the existing property on a certain scale that would alter its use significantly. This change would invalidate your grandfathered status and you would revert to the certified level of zoning, thus losing your "extra" unit. Good so far?
Question 1: WHAT TYPES of changes to the structure kills your unit's non-conforming status? Can I move a few internal walls around? Replace the front steps? Put up a new back porch? Can I do anything like this and still retain the non-conforming status?
Question 2: how does all this factor into an Airbnb rental? I've heard rumors that you can do Airbnb with even an illegal unit no problem. I know there's some registration process with the City to be listed on Airbnb. Is part of that a zoning check to see if, let's say, that garden unit you have listed is illegal or not? What about non-conforming?
Thanks!